Right to Confront Witness at Heart of Case Supreme Court to Hear

The U.S. Supreme Court agreed on Monday to consider whether criminal defendants waive the constitutional right to confront witnesses when they “open up the door” to certain evidence—an issue that has deeply divided the federal courts of appeal.

The Confrontation Clause prohibits prosecutors from introducing “testimonial evidence,” statements made under oath, unless witnesses take the stand at trial, giving defendants the opportunity to confront their accusers.

According to the petitioner’s brief, the circuits are split 3-5-3 on whether that prohibition can be forfeited by defendants when their testimony elicits a response that would otherwise be barred by the Sixth ...